Parliamentary Entitlements Act 1990

An Act relating to the provision of benefits to Members of each House of the Parliament

This Act may be cited as the Parliamentary Entitlements Act 1990.

This Act commences on the day on which it receives the Royal Assent.

In this Act, unless the contrary intention appears:

amount, in relation to a benefit, includes any quantity, frequency or other limitation expressed in numbers (other than numbers of persons).

benefit means a benefit provided by or under this Act.

Comcare means the body corporate established by section 68 of the Safety, Rehabilitation and Compensation Act 1988.

cost of travel means the cost of fares, accommodation, meals and incidentals.

Defence Minister means the Minister administering section 1 of the Defence Act 1903.

dependent child, in relation to a Senior Officer, means:

(a) a person under 16 who:

(i) is in the custody, care and control of the Officer or is a person to whom the Officer has access; or

(ii) where no other person has the custody, care and control of the person—is wholly or substantially in the care and control of the Officer; or

(b) a person who is:

(i) at least 16 but under 25;

(ii) receiving full‑time education at a school, college or university; and

(iii) wholly or substantially dependent upon the Officer.

incidentals includes the cost of transport.

leader of a minority party means the leader of a recognised non‑Government party of at least 5 members, but does not include an Opposition Office Holder, and deputy leader of a minority party has a corresponding meaning.

member means a member of either House of the Parliament.

Opposition Office Holder means:

(a) the Leader or Deputy Leader of the Opposition in the House of Representatives; or

(b) the Leader or Deputy Leader of the Opposition in the Senate.

Parliamentary injury compensation scheme means the scheme formulated under section 9A.

Parliamentary office‑holder means a person holding a particular office, or performing particular functions, in or in relation to the Parliament or either House of the Parliament.

Presiding Officer means the President of the Senate or the Speaker of the House of Representatives.

Scheduled benefit means a benefit set out in Schedule 1.

Senior Officer means a Minister, an Opposition Office Holder or a Presiding Officer.

spouse of a member includes a de facto partner of the member within the meaning of the Acts Interpretation Act 1901.

year means a financial year, and annual has a corresponding meaning.

4 Entitlement to benefits

(1) Members are entitled to benefits as set out in Part 1 of Schedule 1.

(2) Parliamentary office‑holders and Ministers are entitled to benefits as set out in Part 2 of Schedule 1.

(3) Benefits under subsection (2) are in addition to benefits under subsection (1).

(4) Benefits under this Act do not limit:

(a) benefits under any other law; or

(b) benefits afforded by the Government to a Minister for the purpose of carrying out functions as a Minister.

5 Entitlement to additional benefits

(1) Members, Parliamentary office‑holders and Ministers are entitled to such additional benefits as are:

(a) determined by the Remuneration Tribunal under section 7 of the Remuneration Tribunal Act 1973; or

(b) prescribed by the regulations.

(2) Subsection (1) does not extend to a benefit in the nature of remuneration.

(3) Members are entitled to the benefits prescribed by the Parliamentary injury compensation scheme.

6 Amount of benefit reduced if entitlement begins part‑way through financial year

(1) If:

(a) a person becomes a member or a Parliamentary office‑holder during a financial year; and

(b) a benefit to which the person is entitled is limited to an annual amount;

then, during that year, the person is entitled only to a proportionate amount of that benefit worked out by the formula:

(2) An amount so worked out must be rounded to the nearest whole number that is greater than zero.

7 Calculation of benefits

(1) A person is entitled to a benefit (other than a benefit for a Parliamentary office‑holder or a Minister) during the whole time when the person is entitled to an allowance under the Parliamentary Allowances Act 1952.

(2) A person is entitled to a benefit for a Parliamentary office‑holder only so long as the person is a Parliamentary office‑holder.

(3) A person is entitled to a benefit for a Minister only so long as the person is a Minister.

(4) A person may make use of the full annual amount of a benefit before the end of the relevant financial year.

9 Alteration of Schedule

(1) A Scheduled benefit may be varied or omitted by determination by the Remuneration Tribunal under section 7 of the Remuneration Tribunal Act 1973.

(2) A Scheduled benefit may be varied or omitted by the regulations.

(3) A determination or regulations made under this section may make such consequential and transitional provisions as are necessary.

9A Parliamentary injury compensation scheme

(1) The Minister may, by legislative instrument, formulate a scheme (the Parliamentary injury compensation scheme) for and in relation to any of the following:

(a) compensation or other benefits in relation to any thing that, under the scheme, is taken to be:

(i) an injury or disease, or an aggravation of an injury or disease, suffered by a member in connection with the member’s activities as a member, Parliamentary office‑holder or Minister; or

(ii) an injury or disease, or an aggravation of an injury or disease, suffered by the spouse of the Prime Minister in connection with the spouse’s official activities as the spouse of the Prime Minister; or

(iii) loss of or damage to an artificial limb or other artificial substitute, or a medical, surgical or other similar aid or appliance, used by a member, that occurs in the course of the member’s activities as a member, Parliamentary office‑holder or Minister; or

(iv) loss of or damage to an artificial limb or other artificial substitute, or a medical, surgical or other similar aid or appliance, used by the spouse of the Prime Minister, that occurs in the course of the spouse’s official activities as the spouse of the Prime Minister;

(b) the provision of services, facilities or equipment intended to eliminate or minimise:

(i) risks to the health or safety of a member arising in the course of the member’s activities as a member, Parliamentary office‑holder or Minister; or

(ii) risks to the health or safety of the spouse of the Prime Minister arising in the course of the spouse’s official activities as the spouse of the Prime Minister;

Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.

(2) Without limiting subsection (1), the scheme may do any of the following:

(a) confer functions and powers on Comcare in relation to the scheme;

(b) provide for conditions and restrictions on eligibility or continuing eligibility for compensation or other benefits under the scheme (such as conditions requiring a person to undergo rehabilitation or medical examination);

(c) apply in relation to an injury or disease, or an aggravation of an injury or disease, suffered by a person who is or has been a member, or the spouse of the Prime Minister, in connection with an activity engaged in in accordance with the scheme;

(d) provide for compensation or other benefits under the scheme to be payable to persons other than members;

(e) require an amount of money paid under the scheme to be repaid in the circumstances set out in the scheme;

(f) provide for Comcare, on behalf of the Commonwealth, to recover, set off, write off or waive debts arising under the scheme;

(g) require a person to give information or documents to Comcare for the purposes of the scheme;

(h) require a person to notify Comcare of a matter or event set out in the scheme;

(i) prescribe penalties, not exceeding 10 penalty units, for offences relating to failing to notify Comcare of matters or events set out in the scheme;

(j) provide for review of decisions made under the scheme, including by providing for the Administrative Appeals Tribunal Act 1975 to apply in relation to decisions made under the scheme with the modifications specified in the scheme;

(k) in relation to an injury, disease or aggravation, or loss or damage, referred to in paragraph (1)(a):

(i) limit the right of a person to bring an action or other proceeding for damages, against the Commonwealth or a person specified in the scheme, in respect of the injury, disease, aggravation, loss or damage; or

(ii) provide for Comcare to make a claim for damages in the name of a person, or to take over the conduct of an action or other proceeding, in respect of the injury, disease, aggravation, loss or damage; or

(iii) require that an amount that has been, or is to be, paid (otherwise than under the scheme) to a person in respect of the injury, disease, aggravation, loss or damage be paid to the Commonwealth;

(l) confer on the Minister a power to make a legislative instrument for the purposes of the scheme.

(3) For the purposes of the Safety, Rehabilitation and Compensation Act 1988, a function conferred on Comcare by the scheme is taken to be a function conferred by this Act.

Note: See paragraph 69(g) of the Safety, Rehabilitation and Compensation Act 1988.

(4) The scheme may apply in relation to:

(a) an injury or disease referred to in subparagraph (1)(a)(i) or (ii) that is suffered in connection with an activity occurring on or after 1 January 2016; or

(b) an aggravation, referred to in subparagraph (1)(a)(i) or (ii), of an injury or disease, if the aggravation is suffered in connection with an activity occurring on or after 1 January 2016 (whether the injury or disease was suffered in connection with an activity occurring before, on or after that day); or

(5) This section, and the scheme, extends to all places outside Australia, including the external Territories.

10 Conflict between regulations and determination

(1) Where the regulations are inconsistent with a determination by the Remuneration Tribunal under paragraph 5(1)(a) or subsection 9(1), the regulations prevail and the determination is void to the extent of the inconsistency.

(2) Where the regulations are intended to cover the whole field in relation to a particular subject matter, then, for the purposes of subsection (1), any provision of a determination that deals with that subject matter is taken to be inconsistent with the regulations, whether or not they are capable of operating concurrently.

11 Appropriation

The costs of benefits are to be paid out of the Consolidated Revenue Fund, which is appropriated accordingly.

12 Regulations

The Governor‑General may make regulations for the purposes of paragraph 5(1)(b) and section 9.

Schedule 1—Scheduled benefits

Section 4

Part 1—Members

Item	Benefit
1.	Transfer of bulk papers to and from Parliament House and the member’s electorate office.
2.	Australian flags and printed material related to national symbols, for presentation to constituents.
3.	The cost of postage in relation to Parliamentary or electorate business (other than party business), not exceeding an annual amount of $9,000.
4.	Personalised letterhead stationery.
5.	The cost of acquiring publications from the Australian Government Bookshop as approved by the Presiding Officers.
6.	Photographic services provided in Parliament House as approved by the Minister.
7.	Office accommodation in the electorate, together with equipment and facilities necessary to operate the office, as approved by the Minister.
8.	For travel in Australia for purposes related to Parliamentary or electorate business: (a) the cost of first‑class scheduled commercial services; and (b) the use of official cars; and (c) the use of special purpose aircraft as approved by the Defence Minister.
9. (1)	For travel overseas as a member of a Parliamentary Delegation within a program approved for each calendar year by the Prime Minister: (a) the cost of travel in accordance with the official itinerary (or, if it is cheaper, a round‑the‑world ticket); and (b) equipment and clothing allowances equivalent to the appropriate Australian Public Service standard; and (c) the cost of official hospitality extended by the delegation; and (d) the cost of medical and hospital services received by the member; and (e) use of special purpose aircraft as approved by the Prime Minister; and (f) for the leader of a minority party, with the approval of the Prime Minister, the cost of travel, at the appropriate Australian Public Service standard, of a member of staff accompanying the leader.
(2)	The class of travel entitlement of the member may be downgraded to offset the cost of the fare of an accompanying spouse or to enable travel to be extended.
10.	For former Prime Ministers and Leaders of the Opposition in the House of Representatives, while they are members, additional facilities as approved by the Prime Minister.

Part 2—Parliamentary office‑holders and Ministers

1. (1) For travel in Australia on official business:

(a) for any Parliamentary office‑holder, the cost of first‑class scheduled commercial services; and

(b) for an Opposition Office Holder or Presiding Officer, the use of an official car (with a driver and a car telephone) in Canberra and the capital city of the home State or Territory; and

(c) for the leader of a minority party, the use of an official car (with a driver) in the capital city of the home State or Territory; and

(d) for any Parliamentary office‑holder, the use of official cars; and

(e) for an Opposition Office Holder or Presiding Officer, the cost of charter transport; and

(f) for the leader of a minority party, the cost of air charter transport, not exceeding an annual amount of $10,000; and

(g) for any Parliamentary office‑holder, with the approval of the Defence Minister, the use of special purpose aircraft.

(2) Any member, when representing an Opposition Office Holder or Presiding Officer, is entitled to the same benefits under subitem (1) as the person being represented.

(3) For any Parliamentary office‑holder, with the approval of the Defence Minister, the use of special purpose aircraft for travel in Australia, during election campaigns, on campaign business.

2. (1) For travel overseas on official business by the Leader or Deputy Leader of the Opposition in the House of Representatives or a Presiding Officer:

(a) for the Leader or Deputy Leader, the cost of fares, not exceeding an annual amount of:

(i) in the case of the Leader—$8,889; or

(ii) in the case of the Deputy Leader—$5,818; and

(b) for a Presiding Officer travelling on an itinerary approved by the Prime Minister, the cost of first‑class fares; and

(d) the cost of travel, at the appropriate Australian Public Service standard, of on member of staff accompanying the Leader of Deputy Leader or Presiding Officer; and

(e) if there is no accompanying spouse, and the Prime Minister so approves, the cost of travel, at the appropriate Australian Public Service standard, of a second member of staff accompanying the Leader or Deputy Leader or Presiding Officer; and

(f) the cost of medical and hospital services received overseas by the Leader, Deputy Leader or Presiding Officer.

(2) The whole or part of an entitlement of the Leader or Deputy Leader under subitem (1) in respect of a year may be carried forward to the next year, but not to a later year.

(3) If, with the approval of the Prime Minister, a member is representing the Leader or Deputy Leader of the Opposition in the House of Representatives or a Presiding Officer, the member is entitled to the same benefits under subitem (1) as the person being represented, but, in the case of the benefit under paragraph (1)(a), only to the extent approved by that person.

3. (1) The cost of travel overseas by a spouse when accompanying a Senior Officer travelling on official business.

(2) The cost of travel in Australia for official purposes by the spouse of a Senior Officer.

4. For travel in Australia by each dependent child of a Senior Officer:

(a) the cost of travel at economy class for 3 return visits between Canberra and the electorate each year; and

(b) with the prior approval of the Minister, the cost of travel at economy class (or at first‑class if accompanying the Officer or spouse) for:

(i) 1 return visit to any place within Australia each year; and

(ii) travel to and from Parliamentary functions in Canberra attended by the Officer or spouse; and

(iii) return visits between the nominated principal place of residence and Canberra when the Officer and spouse are in Canberra for lengthy periods.

5. For an Opposition Office Holder, Presiding Officer or leader of a minority party, office accommodation in a capital city, together with the equipment and facilities necessary to operate the office, as approved by the Minister.

6. (1) For a Senior Officer, the full cost of a home telephone service in one private residence:

(a) in Canberra; and

(b) at the nominated principal place of residence.

(2) For the leader of a minority party, the cost of calls from a home telephone in Canberra.

7. For any of the following:

(a) a Minister;

(b) an Opposition Office Holder;

(d) the leader of a minority party;

(e) a Government or Opposition Whip in the Senate;

(f) a Government or Opposition Whip in the House of Representatives;

the cost of postage in relation to official business.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

ad = added or inserted	o = order(s)
am = amended	Ord = Ordinance
amdt = amendment	orig = original
c = clause(s)	par = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x	/sub‑subparagraph(s)
Ch = Chapter(s)	pres = present
def = definition(s)	prev = previous
Dict = Dictionary	(prev…) = previously
disallowed = disallowed by Parliament	Pt = Part(s)
Div = Division(s)	r = regulation(s)/rule(s)
ed = editorial change	reloc = relocated
exp = expires/expired or ceases/ceased to have	renum = renumbered
effect	rep = repealed
F = Federal Register of Legislation	rs = repealed and substituted
gaz = gazette	s = section(s)/subsection(s)
LA = Legislation Act 2003	Sch = Schedule(s)
LIA = Legislative Instruments Act 2003	Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given	SLI = Select Legislative Instrument
effect	SR = Statutory Rules
(md not incorp) = misdescribed amendment	Sub‑Ch = Sub‑Chapter(s)
cannot be given effect	SubPt = Subpart(s)
mod = modified/modification	underlining = whole or part not
No. = Number(s)	commenced or to be commenced

Endnote 3—Legislation history

Act	Number and year	Assent	Commencement	Application, saving and transitional provisions
Parliamentary Entitlements Act 1990	28, 1990	24 May 1990	24 May 1990 (s 2)
Same‑Sex Relationships (Equal Treatment in Commonwealth Laws—General Law Reform) Act 2008	144, 2008	9 Dec 2008	Sch 7 (item 51): 10 Dec 2008 (s 2(1) item 16)	—
Statute Law Revision Act 2011	5, 2011	22 Mar 2011	Sch 5 (items 178–181): 19 Apr 2011 (s 2(1) item 13)	—
Statute Law Revision Act (No. 1) 2015	5, 2015	25 Feb 2015	Sch 5 (items 3–5): 25 Mar 2015 (s 2(1) item 10)	—
Statute Law Revision Act (No. 2) 2015	145, 2015	12 Nov 2015	Sch 5 (items 2, 3): 10 Dec 2015 (s 2(1) item 7)	Sch 5 (item 3)
Parliamentary Entitlements Amendment (Injury Compensation Scheme) Act 2016	16, 2016	8 Mar 2016	Sch 1 (items 1–3): 9 May 2016 (s 2(1) item 2)	—

Endnote 4—Amendment history

Provision affected	How affected
Part 1
s 3.....................	am No 144, 2008; No 5, 2011; No 16, 2016
s 5.....................	am No 16, 2016
s 8.....................	rep No 145, 2015
s 9A....................	ad No 16, 2016
s 13....................	am No 5, 2015
	rep No 145, 2015
s 14....................	rep No 145, 2015
Schedule 1
Schedule 1................	am No 5, 2011
Schedule 2................	rep No 5, 2015